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Home My WebLink About1994-12-20 Council minutes " ~~~,L, .il '" . '. . '. . . . "I?' . .'"\\r:', '. , .",". ..---.,',. ~ ",.;. \, ,'.:. ...",,;... ,,~- '..._'.~,. .~~, ' , .,( c-. \ ~ , ,. ~ , I ! I , I i I I 'f I' , I I I ~," J 'f,'~~.'.' ~~0 "'l' -i \ ,,(~':- o:~.-I ~ _:~ . .' ,\',";., OFFICIAL COUNCIL ACTIONS - 12/6/94 The cost of publishing the following pro- ceedings and claims is $ , Cumula- tive cost for this calendar year for said publica- tion is $ Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. The Mayor noted the presentation of the Annual Iowa City Road Races, Inc" Award to the City of Iowa City, was postponed and would be rescheduled at a later date. The Mayor proclaimed "Pass the Buck - Shop Local Month" - December; Conservation Farmer Appreciation Week - December 5-9, Wayne Petersen accepted. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to defer 4e(41. resolu- tion accepting the work for the Sanitary Sewer Improvements for 753 W. Benton St. and 4s(5). resolution authorizing the Mayor to sign and the City Clerk to attest two Sanitary Sewer Easements agreements relative to the Sanitary Sewer constructed for 753 W. Benton Street: Approval of Official Council actions of the special Council meeting of Novem- ber 21, and of the regular meeting of Novembsr 22, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. meeting of October 17, November 28; Broadband Telecomm. Comm. meeting of October 24; Charter Review Comm. meeting of November 16; P&Z Comm. meeting of November 17; Bd. of Adjustment meeting of November 9; Mayor's Youth Employment Board meeting of September 13, October 11, Permit Motions: Class "C" Liquor License for Yen Ching Restaurant, 1803 Boyrum St. Class "C" Liquor License for Carlos O'Kelley's Mexican Cafe, 1411 S. Waterfront. Class "B" Beer Permit for Pizza Hut #402005, 1921 Keokuk St. Special Class "C" liquor License for India Cafe II, 227 E. Washington St. RES. 94-348, ISSUE CIGARETTE PERMIT. Setting Public Hearings: RES. 94- 349, SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR '\'1 CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF' :: :~ . ..y--- ~ _~ 0,' )r',: ',', . , '__"",'"",;...,:,.,..'."~,,,._..'h..._..._. . , ,.. . Q '. i " 1 I j" ; ...1 .ll . ..' ,. JE,f,l,(. " , ..........' . " 0, j"l '. "t" .....II'!i , "\ .' ~ . . ,. :,.. ,~.".. ._.~~.~;,',,::.;~'~:,;.'.: ....<,~.j~~..._;....:;..~~ '~'::~I_._,,,~.,,,",,,,:,,,,',,~ .r"" i, r~ (~r;~ ! . ii, '~ I' , I i I :b ii'" ~ I I I l_) ;C" 0" "'w- .' . "'.,1 '~..,. -~ ...,.._-,;,_..,;"-~""-:::,,,,,;~,~-",,,,-,, ..eo..,..... .....,.'__ '"..c.~-^"..,._",,~.._"."_.4...._..~__ _.. _._ Official Actions December 6,1994 Page 2 SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions: RES. 94-350, ACCEPT- ING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WILLOW CREEK SUBDIVISION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 94-351, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION - PART 5 AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 94-352, ACCEPTING THE WORK FOR THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEM ENTPROJECT. Correspondence: Jim Loukota of Kirkwood' Community College regarding the proposed commercial urban revitaliza- tion plan. Betty McKray regarding various subjects. Memoranda from the Traffic Engineer regarding: Stop sign installation on Village Road at its intersection with Chamberlain Drive; Left turn control for Menard's access at Iowa Highway 1; Parking prohibition on both sides of Ruppert Road from its intersection with Highway 6 South to the end of the pUblic right-of-way; Traffic signal installation at the intersection of Melrose Avenue/West High School Drive; Bus stop location on North Dubuque Street at the Mayflower Apartments. Letter from Carol Thompson, Chairperson, Free Medical Clinic, regarding the Clinic's request for funds from the City of Iowa City. Applications for City Plaza Use Per- mits: Old Capitol Merchants for the use of City Plaza for the arrival of Santa and a parade to the Old Capitol Mall on Novem- ber 20, approved. Wayne Petersen appeared regarding the soli erosion plan for the Iowa River Flood Repairs Project (4d(1)). The Mayor declared the motion carried. John Rummelhart, 232 S. Summit, ap- peared regarding Council consideration of an ordinance on restricting the use of fees collect- ed from water fees; announced he had flied an affidavit to commence referendum proceedings; and concerns on the Near Southslde parking Impact fees. Bruce Glasgow, 834 N. Johnson, ~. I ., - --~-:O'-'.."'.')'... :,:; , ......., __ -:-~. lU~v_--..:;. ' 1:....5.: ~.lJ, r \ --~ .. :>:!l!:tl~' .. '. ,,, . ". 0, . " . ~ 'It, ."',\\t' . ~,',. .:..." c.,... .~,,,. ..~, -,.." ~~: .:.. ::~.;........ 'n .I r'~' r ' (S" \ ~ '-,'1 \ ~i II I! I r.', I i j'" I ~~) i" \1.'..':' l,. ~~" " ,y, )t ''''',1 ,I _-...~ " . " ., '-' ' . . ....! ..____ ..~..~.....,.,,, ,~.~~"M"'""".',,,;' ;,:;,-",:"';;,':".:.,~ .c.,'.''';' .....~.. "._:...:.- _.:.. Official Actions December 6, 1994 Page 3 appeared regarding the opening of Virginia Drive from Oaklawn St. west to Shimek School. Carolyn Dieterle, Walnut Street, ap- peared regarding purchasing a device that attaches to bridges to prevent individuals from going over dams. Moved and seconded to accept correspondence from Bruce Glasgow regarding the opening of Virginia Dr. The Mayor declared the motion carried. Moved and seconded to set a public hear- ing for December 20, to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right-of- way. The Mayor declared the motion carried. A public hearing was held on an amend- ment to the Zoning Ordinance changing the use regulations of RM-12 zoned properties located generally along Fairchild and Davenport Streets bstween Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street from RM-12, Low Density Multi-Family Resi- dential to RNC-12, Neighborhood Conservation Residential. The following individuals appeared: AI Sochek, 801 Brown St.; Beth Gauger, 414 N. Van Buren St.; and Joni Kinsey, 423 Church St, Moved and seconded to accept correspon- dence from: Liz Miller, President of Northside Neighborhood Assn.; J. Morgan. The Mayor declared the motion carried. Moved and seconded. that an amendment to the City Code Section 14-6E-7, to regulate the location of parking spaces in the Central Business Support Zone, be given first vote for consideration. The Mayor declared the motion carried. Moved and seconded that the ordinance amending the Zoning Ordinance to change the use regulations of a 5.52 acre property located east of Waterfront Drive and the CRANDIC Railroad right-of-way from CI-1, Intensive Commercial, to CC-2, Community Commercial, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded that the amendment to City Code Section 14-6E-2, Neighborhood Commercial Zone, to allow restaurants as provi- sional uses or by special exception with specif- ic restrictions, and car washes by special exception with specific restrictions, be given second vote for consideration. The Mayor dsclared tha motion carried. Moved and seconded that the rula requir- ing ordinances to be considerad and voted on for final passage at two Council meetings prior to the meeting at which It is to be finally sus- pended, tho second consideration and vote be (C'=......' . , '" '. . O. ''>'' .' -,-_.,,-------- " :: ,_0 .r)i::-.'" '-'~-~I " ," , .' - ,:,.' ~ ~. ." r'" '"A,'''' ':1 .;" ',,- I I III -':~"l .' l:lliii~~" .' , , " ' ~"I', 0" "" . , .',~h "; . .\1., . " . .' . .~' 1 . ~. . '.",'" ..~ ~.'. '..." .. , '.' . .., '; ..: ',:.. :'~";"'::;--l:;~" .t':.;......:',.~<.~,..,,',.'.,""".,(J:.,:,~.-'-.~,~,.;.~.J ..It.........~'......._._:.:..:'_, , .;, " . ..;---_.~"'~._~...,.....~....' ......- ~'."'._""~-'.'.'''' ...."...........,....."._~._,-_:... - _. .','. " .....~'T .L: c-.\ \J. rf"':~ ! ' I . ~ . I I I ! I : I : I , I I' : b I":' , J J \~~ I~I/ " k: ' . ~ ~,', / 1"l~J ,:G~-'." Official Actions December 6, 1994 Page 4 waived, and that ORD. 94-3652, AMENDING TITLE 14-6, CHAPTER 6, ENTITLED "ZONING," CITY CODE BY REVISING ARTICLE B, ENTI- TLED "ZONING DEFINITIONS," AND ARTICLE E, ENTITLED "COMMERCIAL BUSINESS ZONES," TO ADD THE DEFINITION OF RES- TAURANT CARRY-OUT AND PERMIT SAID USE IN THE CB-10 ZONE, be voted on for final passage at this time. The Mayor declared the motion carried. Moved and seconded that the ordinance bs finaily adopted at this time. The Mayor declared the ordinance adopted. Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval, with conditions, of an application submitted by William Frees to rezone 107 acres from A 1, Rural, to RS3, Suburban Residential, for property located partially in Fringe Area 4 on the south side of Dingleberry Road NE approximately .6 mile east of its intersection with Highway 1. The Mayor declared the motion carried. Moved and seconded to submit a letter to the Johnson County Board of Supervisors recommending approval of an application submitted by Vincent and Betty Dalton to rezone 1.5 acres of a 3.5 acre tract from County A 1, Rural, to RS, Suburban Residential, for property located in Fringe Area 3 on the north side of Newport Road approximately one- hslf mile east of its intersection with Prairie du Chien Road, The Mayor declared the motion carried. A public hearing was held on the proposed rate increase for water and wastewater fees. The following individuals' appeared: Dick Hupfeld, Greater Iowa City Apartment Assn.; Art Kistler, 745 Perry Ct.; Ed Barker, Lime Kiln Lane NE; Vince Neary, 157 N. Linn St.; Ken Wessels, 724 N, Dodge St.; Phil Thompson, 428 1/2 E. Jeffsrson St.; Doug Jones, 816 Park Rd.; Harvey Wehde; Charles Denninger; Michael Tavel Clarke, 1708 E. Court St.; Jim Glasgow; Rusty Martin; Anna Buss, 525 W. Benton St.; Jim Freeman, 1802 Winston Dr.; Phyllis Tucker, 125 E. Zellar IN.L.I; Carolyn Dieterle, Walnut St.; Gary Sanders, 728 Oak- land; Joe Donattl, 1514 Buresh Ave.; Wayne Peterson, 907 N, Gilbert St.; Dave Ressler, 3434 Lakeside Manor; John Rummelhart, 232 S. Summit; Tom Werderltsch, 3 Evergreen Place. Moved and seconded to accept corrao spondence from: Stephen West, ICAD Chair; Clayton Ringgenberg; Herbert Michael; Wilma Means; Betty McKray; Lynn and Peggy Rowell; Leah Cohen; Thomas Werderitsch; Ellen .!" I d, -""~-.~~ " ' , :~, "~ ',_ I.: -~__':o-,a~,.:':. ..\_.... /' ~j ,~'J\l~ ,. .1." ,....-'I ( .",~ ' (-,' \\ \ ' ~ r11 :1 . J ,/ i I , I : I , ' , I , I f 'C" i I';, i l ' ~ i~ t,r','-':loo. 0 ,'L 'r' ~ : . "'"-''''' "t.MtA ' '..:: . .' :~t:\'l ' ;'-'J,. .:.':' ..j.' . - .,': ,,'. , , .' ".:-"_"~''''K.''~'''''''' :..."..,.,.",C::" ..:.:_.:;..._,~,.,,;,~ .;",".,-,..._.~_. ~.___. _',... Official Actions December 6, 1994 Page 5 McCabe, Executive Director of Crisis Center; Weldon Heitman; D. Vitosh; Jim Glasgow; Edwin Barker; Dick Hupfeld; Debra Johnson; laurie Clements; Esther Otto; John Nesbitt; Phil Thompson; Harvey Wehde. The Mayor declared the motion carried. Moved and seconded to give first consider- ation to the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Sched- ule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-4 Wastewater Treatment Works User Charges. Moved and seconded to amend the ordinance by eliminating the 1996 rate increase. The Mayor declared the motion to amend carried. Moved and seconded to amend page 2, Delinquency Deposit Fee by removing the word "twice' from the amount to be charged so it reads" An amount equal to the average month's billing for the delinquent account'. The Mayor declared the motion to amend carried. The Mayor declared the original motion carried as amended. After discussion, Council agreed to set a special formal meeting for 6:30 p.m. on Tuesday, December 13 for second consideration of the ordinance. Moved and seconded that the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3- 4-3 Potable use, be given first vote for consid- eration, Moved and seconded to amend the ordinance by eliminating the 1996 rate in- crease. The Mayor declared the motion to amend carried. Moved and seconded to amend the ordinance to adopt a smaller increase in the minimum monthly charge as outlined in the City Manager's memo of December 4, The Mayor declared the motion to amend carried, Moved by Kubby, seconded by Pigott, to amend page 3, Delinquent Water Service Account Fee, by removing the proposed $5,00 and retaining the present $3,00 fee, The Mayor declared the motion to amend carried. The Mayor declared the original motion carried as amended. Moved and seconded to appoint Elizabeth Swenson, 829 Kirkwood Ave., to the Housing Commission to fill an unexpired term ending May 1, 1996; and appoint John Falb, 1442 Plum St., to the Committee on Community -lie Needs to fill an unexpired term plus a three year term ending April 1, 1998, The Mayor declared the motion carried. The Mayor noted the current vacancies: Airport Comm. - One vacancy for a six-year term ending March 1, 2001; Broadband Tele- comm. Comm. - One vacancy for a three-year "'i ,J,.,..,.."".' , ,':',\.', ~' ,;',.^"" -:.-.. , ',0, .-,1 _u, ,~, 1 "",,-..,' ".. , revised 12/20/94 "1, I a' /5" 5[]. -"-'-" ~~z~".." ,'! t ( ,z c- \ 1 , ii II i I : I : I !, II' , I : ( ~j :r, ';', " ~, f" ((-'0 ~ i' ,\ ,'_',1, .' "~. . ,,", ~,\ I:. ~ ' . , . . ','."; ". ~ ::.1 , - " . , ' .., . ,.' '. .~___~,..,,-_O',,'.J'''''''''''''''''",.'"",'.;.'''''''_''''Jo.;..".,_...-..::L.''____,......".,'..._.__._._.__ . Official Actions December 6, 1994 Page 6 term ending March 13, 1998. These appoint- ments will be made at the January 17, meeting of the City Council. Moved and seconded to defer to December 13, a recommendation of the Design Review Comm. regarding m~mbership requirements for the Design Review Comm.; and maintenance of City Plaza. The Mayor declared the motion carried. Moved and seconded to adopt RES. 94- 353, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A TIEST AN AGREE- MENT BETWEEN STANLEY CONSULTANTS, INC. OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES TO PERFORM VALUE ENGINEERING STUDIES ON THE IOWA CITY WATER FACILI- TY IMPROVEMENT PROJECT. Moved and seconded to adopt RES. 94- 354, AUTHORIZING THE HISTORIC PRESER- VATION COMMISSION TO FILE AN APPLICA- TION FOR A CERTIFIED LOCAL GOVERNMENT ICLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL REGIS- TER NOMINATIONS FOR COLLEGE GREEN AND EAST COLLEGE STREET. Moved and seconded to adopt RES, 94- 355, AUTHORIZING THE HISTORIC' PRESER- VATION COMMISSION TO FILE AN APPLICA- TION FOR A CERTIFIED LOCAL GOVERNMENT ICLGI GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORICAL RESOURCES IN THE NORTH DUBUQUE STREET CORRIDOR. Moved and seconded to adopt RES. 94- 356. DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNEC- TION WITH SPECIFIED PROJECTS. Moved and seconded to defer the follow- ing items to December 13: 19. resolution approving the Near Southside Commercial Urban Revitalization Plan; 20. resolution ap- proving the Near Southside Residential Urban Revitalization Plan. John Rummelhart, 232 S. Summit appeared.; 21. resolution authorizing the preparation of a design plan for the Near Southside Neighborhood and declaring the Council's intent on the allocation of incremental property Tax Revenues; 22. resolution amend. ing Title 14, "Unified 'Development Code," of the City Code, by amending Chapter 9, Article A, Entitled "Parking Facility Impact Fee," to include Commercial Development; 23. amend. - H'P, \ =~~" ' ""0..'",):;..' " , revised 12/20/94 " ~. ., (]) i... ~i" "i 0/ , . .., ~':::~, ,. , ',', :'~,;..') ,;' /: , I l"~' . ..oi- r'! " V \1, ~',',' . .,.' W II~ ! , II I I r" t i";' ~ ~;\A \'-' /r .~ I .,., ,.\'r,'. ,0 . .l._ '.. " 'c "~~~"" , ',/~~ ~,{l,~ .... ".,'. . ," .,~, . '..'1 " .",:,,: ....;~~~:...:.~:~ ':"~~~""'':::'''''J~~~~;'':''~':''~''':''''''~.'~~':''''::~:''''_'~:; Official Actions December 6, 1994 Page 7 ,.i'. .,.' ,~ :",.. I , ' ,.. _..._...._.___..._~..._.n.......__,.____~._-''"_._'-~,.,. " revised 12/20/94 ments to the Zoning Ordinance, Section 14.6N- 1. Off.Street Parking Requirements, to require parking spaces for commercial uses in the Central Business Support Zone (CB.5); 24. ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization area which shall be known as the Near South- side Commercial Urban Revitalization Area; 25. ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near South- side Residential Urban Revitalization Area; 26. ordinance establishing and regulating the loca- tion of entrance drives to private property along and adjacent to U.S, Highway No.6 from the westerly city limits to Rocky Shore Drive in Iowa City, Johnson County, Iowa; and 27. ordinance amending Title 9, entitled "Traffic," Chapter 9, entitled "Deiinitions, Administration and Enforcement ofTraffic Provisions," Section 6, entitled "Application of Provisions" of the City Code by adding a new paragraph applying the provisions of the Traffic Title to Bicyclists. The Mayor declared the motion carried. Moved and seconded to adjourn 1 :40 a.m. The Mayor de'clared the motion carried. A more complete description of Council activities is on file in ther:;;;;;ff'Ce of the Ci y Clerk. v111JJ..~/11, s/5t1SAN"M. HOROW , MAYOR , ,i ' s/MARIAN K. KARR, CITY CLERK . .~ Submitted for publication - 12/15/9 co 1206,nws '. I" " r '=-~"~'i -" ... , ,j' "'ji' ,,}:.,', o,..,'.0'.,IJ;1(.;,:...'".,_.:\.,'::.:"...," .1 ',,", ". r."r;"""t,O/ i,.,' ,~. " -,.. (~ \ ~ ( I I i ~,. '. j 7,:1', " ,,,l ~" iI: 'c' l' '; 0 '.t, f"i' ',' , :.,'.":,. .' "" . :t'll '. '~ . '.. '.:;:1 '~''l' . " ~ .."-' ..-=.:.,.'~ ..:..'."..;,,;,.-;;,;:,; '_,,,.~,_,_, '_~.-;._~~, "...:.c_....,.~..,.. .._.~..__ _~__...:_ ' . - , , ." . .. _.~__.....,_...._.h......~.~~~~."'". Official Actions December 6, 1994 Page 5 McCabe, Executive Director of Crisis Center; Weldon Heitman; D. Vitosh; Jim Glasgow; Edwin Barker; Dick Hupfeld; Debra Johnson; Laurie Clements; Esther Otto; John Nesbitt; P Thompson; Harvey Wehde. The Mayor decla d e motion carried. Moved and seconded to give first co ider- ati n to the ordinance amending Title ,City Fina ces Taxation and Fees, Chapter ,Sched- ule 0 Fees, Rates, Charges, Bonds, ines and Penalt s, Section 3.4.4 Wastewate Treatment Works ser Charges. Moved and econded to amend t e ordinance by elimin mg the 1996 rate incre se. The Mayor decl red the motion to amend carried. Moved nd seconded to amend pag 2, Delinquen Deposit Fee by removing th word "twice" from the amount to be charged so it reads "A amount equal to the' average mont's billi for the delinquent account". The ayor declared the motion to amend carried. e ayor declared the original motion carried as ended. After discussion, Council agreed to t a special formal meeting for 6:30 p.m. 0 esday, December 13 for second conside ation of the ordinance. Moved a seco ded that the ordinance amending Ti e 3, City inances Taxation and Fees, Chap' er 4, Sche ule of Fees, Rates, Charges, nds, Fines an Penalties, Section 3- 4-3 Pota e use, be given st vote for consid- eration. oved and secon ed to amend the ordins e by eliminating th 1996 rate in- creas, The Mayor declare the motion to ame d carried. Moved and seco ded to amend the rdinance to adopt a smaller i crease in the m' imum monthly charge as outlin d in the City anager's memo of December 4. Jhe Mayor eclarsd the motion to amend carrie . Moved by Kubby, seconded by Pigott, to am nd page 3, Delinquent Water Service Account ee, by removing the proposed $5.00 and retain! g the present $3.00 fee. The Mayor declare the motion to amsnd carried. The Mayor decl ed the original motion carried as amended. Moved and seconded to appoint Elizabet Swenson, 829 Kirkwood Ave., to the Housing Commission to fill an unexpired term ending May 1, 1996; and appoint John Falb, 1442 Plum St., to the Committee on Community Needs to fill an unexpired term ending April 1, 1998. The Mayor declared the motion carried. Ths Mayor noted the current vacancias: Airport Comm, - Ona vacancy for a slx-yeer term ending March 1, 2001; Broadband Tele- comm, Comm. - One vacancy for a three-year term ending March 13, 1998. These appoint- , -' I-~. ,-- - ~ oT:)":,:': _M , '~. 1 ~' " . 'I: )t: r'l ..J I " , ' .0, ;~j ,. , r .( c--' \ 0~ U' ~ i i , I , i : i 1'(.'; ii" U0 "J1 " '~ ~ , {(---; , i j. ..' "" '. :If:' "..~ w,. . ..... '. ~ ", 1'" . , ." ----,:._....::~-. '-~..- ._ ..__._ ....~,_... .._.."." .._,'." ,'.C,,,.J, '.:;'.~',.:,,"''''.~''~1>;'; y,.__..: ..,~,,:', '; .... _ .,_. ,.' ,c -',. ,"'_ Official Actions December 6. 1994 Page 6 , ments will be made at the January 17. meeting \ \ of the City Council. " Moved and seconded to defer to December \13, a recommendation of the Design Review C mm. regarding membership requirements for th Design Review Comm.; and maintenance of City Plaza. The Mayor declared the moti carrie. M ved and seconded to adopt RES 94- 353, A THORIZING THE MAYOR TO SIGN AND TH CITY CLERK TO ATTEST A ~GREE- MENT B WEEN STANLEY CONS LTANTS, INC. OF M SCATINE, IOWA. AN THE CITY OF IOWA ITY TO PROVIDE ONSUL TING SERVICES T PERFORM V ALU ENGINEERING STUDIES ON HE IOWA CIT WATER FACILI- TY IMPROVE NT PROJE . Moved and seconde to adopt RES. 94- 354, AUTHORIZ NG TH HISTORIC PRESER- VATION COMMI 10 0 FILE AN APPLICA- TION FOR A CERTI I LOCAL GOVERNMENT (CLGI GRANT TO BTAIN FUNDS FOR THE PURPOSE OF PR RING NATIONAL REGIS- TER NOMINATI NS FOR COLLEGE GREEN AND EAST CO EGE TREET. Moved a d secon ed to adopt RES. 94- 355, AUTH RIZING T E HISTORIC PRESER- VATION C MMISSION 0 FILE AN APPLICA- TION FO A CERTIFIED L CAL GOVERNMENT (CLGI ANT TO OBTAI FUNDS FOR THE PURP E OF CONDUCTIN A PROFESSIONAL SUR Y AND EVALUATIO OF HISTORICAL RES URCES IN THE NO TH DUBUQUE Sf. EET CORRIDOR. Moved and seconded to opt RES. 94- 56, DECLARING AN OFFICIAL I TENT UNDER TREASURY REGULATION 1.150 2 TO ISSUE DEBT TO REIMBURSE THE CITY F R CERTAIN ORIGINAL EXPENDITURES PAID I CONNEC- TION WITH SPECIFIED PROJECTS. Moved and seconded to defer tti follow- ing items to December 13: 19. re olution spproving the Near Southside Com erclal Urban Revitalization Plan; 20. resolutio ap- proving the Near Southslda Residential U an Revitalization Plan. John Rummelhart, 232 S. Summit appeared.; 21. resolution authorlzln the preparation of a design plan for the Near Southside Neighborhood and declaring the Council's Intent on the aliocstion of incramental property Tax Revanues; 22. resolution amend- Ing Title 14, "Unified Development Code," of the City Code, by amending Chapter 9, Article A, Entitled "Parking Facility Impact Fee," to include Commercial Development; 23. amend- ments to the Zoning Ordinance, Section 14.6N- \ \ , - - ~- ~~ T -, ,'. 0);' , 'I . .~ " ,~,' .... ~ I ~ I ~ r '. ! ( ~, r;\t,' \'i~' ~~ III '.-~--'," . .. ,nr2~~' .': '.' : , ,,~~. .1",\'.. "" " .,'. ': '.:';'\t\,'I.':' " . I, '. '-'-":". 1 '...~. ' '; r ~. , , '.". . " . ~., . ,.' "'~:':' . . _ h. '~.._:",."... ......,.._....,_....'~~....."'~.._h. ... _ ...~._ .;_....~~ __:..~__..:.. ..:......:.......:,~.;,:~,:,~, ;""",,-,,,""'...'~'.''- ~.~ C-,-" <..:.-'::",.(,:;:.;,:<0.- .:__., '-":',"." , '~',,'_'." ...~: J~',:; ;:';"""':""_"'''':. 'ft'" .... ~"'."..:,~__,_._ ._._ " Official Actions December 6, 1994 Page 7 i':'"--- ( ..., C-"\ \J :' ~ ';,.-, . ! " I ' C II: ~ ;, I 1, Off-Street Parking Requirements, to re uire parking spaces for commercial uses in the Central Business Support Zone ICB-5) 24. ordinance designating an area of the ity of Iowa City, Iowa, as an Urban Revit Iization rea which shall be known as the N r South- s'de Commercial Urban Revitalizatio Area; 25. or inance designating an area of the City of 10 City, Iowa, as an Urban evitalization Area which shall be known as e Near South- side sidential Urban Revital' ation Area; 26. ordina e establishing and r gulating the loca- tion of e trance drives to pr' ate property along and adja nt to U.S. Hig way No.6 from the westerly 'ty limits to ocky Shore Drive in Iowa' City, Johnson ounty, Iowa; and 27. ordinance a ending itle 9, entitled "Traffic," Chapter 9, en 'tled" efinitions, Administration and Enforceme to Traffic Provisions," Section 6, entitled "Ap cation of Provisions" of the City Code by a 'ng a new paragraph applying the provisions f e Traffic Title to Bicyclists. The Mayor d clare the motion carried. Moved nd sec nded to adjourn 1 :40 a.m. The Mayo declared e motion carried. ' A re complet description of Council activitie is on file in he office of the City Clerk. SUSAN M. HORO ITZ, MAYOR s/M RIAN K. KARR, CITY LERK Su mitted for publication - 2/15/94. a ,; , ....- " ,; I ., tl~'~~.~_ ,"-- . ~,.~~,- , ;~: -, ,. . , '0, ),:' " 's....,.,, .' :,"';,',, ~ ."."", ".r..'.....' "5' , , Ill, ...< 0/ .:\;'"Jt", ..\ ( ~.'\ '\ ~.,. " .;-.~ I 1 , I" 1 , :~'~" I , I '\ ,: ~1i1:''''' " 91 ; ;'1' : /, Ii' L.... t', -'0 :,.~- , I , . "t' " \, \ ~. , .. " .~' '. .",,", COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 6, 1994 Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Schmadeke, Elias, Moreno, Schoon. Council minutes tape recorded on Tapes 94-135, Side 2; 94-137 thru 94-140, Both Sides. The Mayor noted the presentation of the Annual Iowa City Road Races, Inc., Award to the City of Iowa City, was postponed and would be rescheduled at a later date. The Mayor proclaimed "Pass the Buck - Shop Local Month" - December 1994; Conservation Farmer Appreciation Week - December 5-9, 1994, Wayne Petersen accepted. Moved by Novick, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended and to defer 4e(4). resolution accepting the work for the Sanitary Sewer Improvements for 753 W, Benton St. and 4e(5). resolution authorizing the Mayor to sign and the City Clerk to attest two Sanitary Sewer Easements agreements relative to the Sanitary Sewer constructed for 753 W. Benton Street: Approval of Official Council actions of the special Council meeting of November 21, 1994, and of the regular meeting of November 22, 1994/ as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Design Review Comm. meeting of October 17, 1994, November 28/1994; Broadband Telecomm. Comm. meeting of October 24, 1994; Charter Review Comm. meeting of November 16, 1994; P&Z Comm. meeting of November 17, 1994; Bd. of Adjustment meeting of November 9, 1994; Mayor's Youth Employment Board meeting of September 13, 1994, October 11/ 1994. Permit Motions: Approving a Class "C" Liquor License for Yen Ching Restaurant, Inc., dba Yen Ching Restaurant, 1803 Boyrum St. Approving a Class "C" Liquor License for Carlos O'Kelley/s of Iowa City, Inc., dba Carlos O/Kelley/s Mexican Cafe, 1411 S. Waterfront. Approving a Class "B" Beer Permit for Pizza Hut of America, Inc., dba Pizza Hut #402005/ 1921 Keokuk St. Approving a Special Class "C" Liquor License for Magnifico Inc., dba India Cafe 11/227 E. Washington St. RES. 94-348, Bk. 112, p. 348, ISSUE CIGARETTE PERMIT. Setting Public Hearings: RES. 94-349, Bk. 112, p. 349, SETTING A PUBLIC HEARING for December 20/ 1994/ ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Resolutions, Bk. 112: RES. 94-350, p. 350, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVE- MENTS FOR WILLOW CREEK SUBDIVISION, AND DECLARING PUBLIC IMPROVE- MENTS OPEN FOR PUBLIC ACCESS AND USE. RES. 94.351, p. 351, ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE L1NE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR SOUTH POINTE ADDITION - PART 5 AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. RES, 94. 352/ p. 352/ ACCEPTING THE WORK FOR THE HIGHWAY 1/MORMON TREK INTERSECTION IMPROVEMENT PROJECT. Correspondence: Jim Loukota of Kirkwood Community College regarding the proposed commercial urban revitalization plan. Betty McKray regarding various subjects. Memoranda from the Traffic Engineer regarding: Stop sign installation on Village Road at its intersection with Chamberlain Drive; Left turn control for Menard's access at Iowa Highway 1; Parking prohibition on both sides of Ruppert Road from its intersection with Highway 6 South to the end of the public right-of-way; Traffic signal - l~'~~~r '~'_-o" '), ~. ~i~ t', r l' l , I ,~ ~ ~'I I, ~" !l " fJ I I I 'f) , I I If.; 1\ h I~, I'!,\ ;1 ;'i' 'i,:t ,,1 :),\~~ 'I)\\\' ,jl;.. :.'.'1),.\, ,::':YI- \(",,, I [} .:r:~~~:r1 r 1 "" . '~~:y.: ~ ", , ..... Council Activities December 6, 1994 Page 2 f. installation at the intersection of Melrose AvenuelWest High School Drive; Bus stop location on North Dubuque Street at the Mayflower Apartments. Letter from Carol Thompson, Chairperson, Free Medical Clinic, regarding the Clinic's request for funds from the City of Iowa City. Applications for City Plaza Use Permits: Old Capitol Merchants for the use of City Plaza for the arrival of Santa and a parade to the Old Capitol Mall on November 20, 1994, approved. In response to Kubby, Wayne Petersen appeared regarding the soil erosion plan for the Iowa River Flood Repairs Project (4d(111. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, 7/0, all Council Members present and repeated the public hearing as set. John Rummelhart, 232 S. Summit, appeared regarding Council consideration of an ordinance on restricting the use of fees collected from water fees. The Mayor asked that item be discussed under item #7, public hearing on fees; announced he had filed an affidavit to commence referendum proceedings. The City Attorney stated that the Charter provision dealing with referendums states that action must be initiated within 60 days of passage (or after two yearsl, noting this action far exceeds that timeframe.; and concerns on the Near Southside parking impact fees. The Mayor requested he wait until item #22 for discussion on this matter. Bruce Glasgow, 834 N. Johnson, appeared regarding the opening of Virginia Drive from Oaklawn St. west to Shimek School. Carolyn Dieterle, Walnut Street, appeared regarding purchasing a device that attaches to bridges to prevent individuals from going over dams. Information will be provided to staff on the device. Moved by Pigott, seconded by Throgmorton, to accept correspondence from Bruce Glasgow regarding the opening of Virginia Dr. The Mayor declared the motion carried unanimously, 7/0/ all Council Members present. Moved by Novick, seconded by Pigott, to set a public hearing for December 20, 1994, to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right-of-way. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an amendment to the Zoning Ordinance changing the use regulations of RM-12 zoned properties located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street from RM-12, Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential. The following individuals appeared: AI Sochek, 801 Brown St.; Beth Gauger, 414 N. Van Buren St.; and Joni Kinsey, 423 Church St. Moved by Pigott, seconded by Kubby, to accept correspondence from: Liz Miller, President of Northside Neighborhood Assn.; J. Morgan. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Baker, that an amendment to the City Code Section 14-6E-7, to regulate the location of parking spaces in the Central Business Support Zone (CB- 5), be given first vote for consideration. Individual Council Members expressed their views. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. Nays: Lehman. Absent: None. Moved by Pigott, seconded by Novick, that the ordinance amending the Zoning Ordinance to change the use regulations of a 5.52 acre property located east of Waterfront Drive and the CRANDIC Railroad right-of-way from CI-1, Intensive Commercial, to CC-2, Community Commercial (Hy-Vee Food Stores), be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. \ , :j I I -(Ci'~~~~ - ~ ... ' -- ._' - 0 -1:. ~. , I:\.fl. Ii" ~ ~ I I ~ I Q :~ ;:s. ;)t' ll'!'~,~r ':-.-' ::W' m [' ~ .J ~l ~. " '. ~ ::i;:"rf2! , " r \ .~~ ., \ \ ./""1 "','" , I I I I',' , <', \\:.::: "J r,'~,"'~ ;'1~ L. (C~.~ , . '.. . \ '. \ I ~ .. '. i,I, revised 12/20/94 Council Activities December 6, 1994 Page 3 Moved by Kubby, seconded by Baker, that the amendment to City Code Section 14-6E- 2, Neighborhood Commercial Zone (CN-1), to allow restaurants as provisional uses or by special exception with specific restrictions. and car washes by special exception with specific restrictions, be given second vote for consideration. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Baker, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally suspended, the second consideration and vote be waived, and that ORD. 94-3652, Bk. 37, p. 49, AMENDING TITLE 14-6, CHAPTER 6, ENTITLED "ZONING," CITY CODE BY REVISING ARTICLE B, ENTITLED "ZONING DEFINITIONS," AND ARTICLE E, ENTITLED "COMMERCIAL BUSINESS ZONES," TO ADD THE DEFINITION OF RESTAURANT CARRY-OUT AND PERMIT SAID USE IN THE CB-lO ZONE, be voted on for final passage at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Pigott, seconded by Baker, that the ordinance be finally adopted at this time. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Novick, seconded by Throgmorton, to submit a letter to the Johnson County Board of Supervisors recommending approval, with conditions, of an application submitted by William Frees to rezone 107 acres from A 1, Rural, to RS3, Suburban Residential, for property located partially in Fringe Area 4 on the south side of Dingleberry Road NE approximately .6 mile east of its intersection with Highway 1, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Kubby, to submit a letter to the Johnson County Board of Supervisors recommending approval of an application submitted by Vincent and Betty Dalton to rezone 1.5 acres of a 3.5 acre tract from County A 1, Rural, to RS, Suburban Residential, for property located in Fringe Area 3 on the north side of Newport Road approxi- mately one-half mile east of its intersection with Prairie du Chien Road. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on the proposed rate increase for water and wastewater fees. The following individuals appeared: Dick Hupfeld, Greater Iowa City Apartment Assn.; Art Kistler, 745 Perry Ct.; Ed Barker, Lime Kiln Lane NE; Vince Neary, 157 N. Linn St.; Ken Wessels, 724 N. DQdge St.; Phil Thompson, 4281/2 E. Jefferson St.; Doug Jones, 816 Park Rd.; Harvey Wehde; Charles Denninger; Michael Tavel Clarke, 1708 E. Court St.; Jim Glasgow; Rusty Martin; Anna Buss, 525 W. Benton St.; Jim Freeman, 1802 Winston Dr.; Phyllis Tucker, 125 E. Zellar (N.L.); Carolyn Dieterle, Walnut St.; Gary Sanders, 728 Oakland; Joe Donatti, 1514 Buresh Ave.; Wayne Peterson, 907 N. Gilbert St.; Dave Ressler, 3434 Lakeside Manor; John Rummelhart, 232 S. Summit; Tom Werderitsch, 3 Evergreen Place. Pollution Control Supt. Elias and Water Division Supt. Moreno present for discussion. Moved by Novick, seconded by Throgmorton, to accept correspondence from: Stephen West, ICAD Chair; Clayton Ringgenberg; Herbert Michael; Wilma Means; Betty McKray; Lynn and Peggy Rowell; Leah Cohen; Thomas Werderitsch; Ellen McCabe, Executive Director of Crisis Center; Weldon Heitman; D. Vitosh; Jim Glasgow; Edwin Barker; Dick Hupfeld; Debra Johnson; Laurie Clements; Esther Otto; John Nesbitt; Phil Thompson; Harvey Wehde. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Throgmorton, to continue the public hearing. The Mayor declared the motion to continue ~ defeated, 3/4, with Throgmorton, Kubby, and Pigott voting in the affirmative. Moved by Pigott, seconded by Throgmorton, to defer to January 3, 1 995, the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-4 Wastewater Treatment Works User Charges. The Mayor declared the motion to defer defeated, 3/4, with Throgmorton, Kubby, Pigott voting in the affirmative. Moved by Baker, seconded by Lehman, to give first - ~._~~... -. :' .~- ~'. "'- ') -. 0 f" , :'1 ~ i1 I ~ ~ 10 .,1 r..,., , ".r ~o ,%;'E?~ , , , . , ~~ \ I ..\., , "" . ~ '-, . :.' . revised 12/20/94 Council Activities December 6, 1994 Page 4 ~- consideration to the ordinance amending Title 3, Wastewater Treatment Works User Charges. Moved by Novick, seconded by Baker, to amend the ordinance by eliminating the 1996 rate increase. The Mayor declared the motion to amend carried unanimously, 710, all Council Members present. Moved by Throgmorton, seconded by Baker, to direct staff to report back to Council on a proposed ordinance initiating a special tap-on fee for new wastewater users that recovers the cost directly attributable to growth. After discussion, motion withdrawn. Mo.ved by Kubby, seconded by Pigott, to amend page 2, Delinquency Deposit Fee by removing the word "twice" from the amount to be charged so it reads "An amount equal to the average month's billing for the delinquent account". The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Back to the original motion to give first consideration to the ordinance as amended, the Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Lehman, Novick, Pigott, Baker, Horowitz. Nays: Kubby, Throgmorton. Absent: None. After discussion, Council agreed to set a special formal meeting for 6:30 p.m. on Tuesday, December 13 for second consideration of the ordinance. Moved by Baker, seconded by Novick, that the ordinance amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-3 Potable use, be given first vote for consideration. Moved by Baker, seconded by Throgmorton, to amend the ordinance by eliminating the 1996 rate increase. The Mayor declared the motion to amend carried unanimously, 710, all Council Members present. Moved by Throgmorton, seconded by Pigott, to amend the ordinance to adopt a smaller increase in the minimum monthly charge as outlined in the City Manager's memo of December 4, 1994. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Moved by Throgmorton, seconded by Pigott, to amend the ordinance to shift from a declining rate structure to a uniform rate structure as outlined in the City Manager's memo of December 4, 1994. The Mayor declared the motion to amend defeated, 3/4, with Kubby, Throgmorton, and Pigott voting in the affirmative. Moved by I<ubby, seconded by Pigott, to amend page 3, Delinquent Water Service Account Fee, by removing the proposed $5.00 and retaining the present $3.00 fee. The Mayor declared the motion to amend carried unanimously, 7/0, all Council Members present. Council directed staff to report back to Council on an ordinance devising a tap-on fee for new water and wastewater users, and the establishment of a committee to review a special water efficiency program after staff preparation. In response to Kubby, the City Attorney stated the delinquent fee contained in the wastewater ordinance (item 1/81 would be changed to $3.00 also. Individual Council Members expressed their views. Moved by Kubby, seconded by Pigott, to change the proposed rate increase frorn 40% to 20%. The Mayor declared the motion to amend defeated, 3/4, Throgmorton, Pigott, Kubby voting in the affirmative. Back to the original motion to give first consideration to the ordinance as amended, the Mayor declared the motion carried, 512, with the following division of roll call vote: Ayes: Novick, Pigott, Baker, Horowitz, Lehman. Nays: Throgmorton, Kubby. Absent: None. Moved by Novick, seconded by Lehman, to appoint Elizabeth Swenson, 829 Kirkwood Ave., to the Housing Commission to fill an unexpired term ending May 1, 1996; and appoint John Falb, 1442 Plum St., to the Committee on Community Needs to fill an unexpired term * plus a three-year term ending April 1, 1998. The Mayor declared the motion carried unanimously, 710, all Council Members present. The Mayor noted the current vacancies: Airport Comm. - One vacancy for a six.year term ending March 1, 2001; 8roadband Telecomm. Comm. - One vacancy for a three-year term ending March 13, 1998. These appointments will be made at the January 17, 1994, meeting of the City Council. Council took a brief recess, 1 :20 a.m. , r '.\ c 1 \ \ I \ I \. " ,-<"ill "i-~ . I' I , I" ! . ~' , ., ~1f>1\' .;" \, :.~ " " "i!r'~i;~' ~ \ ." 11';':'1 .~..-' (l~;"-"D- _d'_"~~~"'_ "~~- -- - .J o ... - ~. ij ~ '~l " J ~1 ~ I, I ~ l ~ I I .! I I I I ~~ '.",1 [], ,;' ..) :r,27;!~ , , '" .1, i .1'. , , "" . .. " , ,,).', ' .......,. , ..; Council Activities December 6, 1994 Page 5 ,- i, ( ,.' C -;.''\ \ \ \, -. Moved by Throgmorton, seconded by Pigott, to defer to December 13, 1994, a recommendation of the Design Review Comm. regarding membership requirements for the Design Review Comm.; and maintenance of City Plaza. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Throgmorton, seconded by Pigott, to adopt RES. 94-353, Bk. 112, p. 353, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN STANLEY CONSULTANTS, INC. OF MUSCA TINE, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES TO PERFORM VALUE ENGINEERING STUDIES ON THE IOWA CITY WATER FACILITY IMPROVEMENT PROJECT. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Pigott, to adopt RES. 94-354, Bk. 112, p. 354, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLGI GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING NATIONAL REGISTER NOMINATIONS FOR COLLEGE GREEN AND EAST COLLEGE STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Pigott, seconded by Throgmorton, to adopt RES. 94-355, Bk. 112, p. 355, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO F1LEAN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLGI GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A PROFESSIONAL SURVEY AND EVALUATION OF HISTORICAL RESOURCES IN THE NORTH DUBUQUE STREET CORRIDOR. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Novick, to adopt RES. 94-356, Bk. 112, p. 356, DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS (land related to the new water treatment facility). Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Pigott, to defer the following items to December 13, 1994: 19. resolution approving the Near Southside Commercial Urban Revitalization Plan; 20. resolution approving the Near Southside Residential Urban Revitalization Plan. John Rummelhart, 232 S. Summit appeared.; 21. resolution authorizing the preparation of a design plan for the Near Southside Neighborhood and declaring the Council's intent on the allocation of incremental property Tax Revenues; 22, resolution amending Title 14, "Unified Develop- ment Code," of the City Code, by amending Chapter 9, Article A, Entitled "Parking Facility Impact Fee," to include Commercial Development; 23. amendments to the Zoning Ordinance, Section 14-6N-1, Off-Street Parking Requirements, to require parking spaces for commercial uses in the Central Business Support Zone ICB-5); 24. ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization area which shall be known as the Near Southside Commercial Urban Revitalization Area; 25. ordinance designating an area of the City of Iowa City, Iowa, as an Urban Revitalization Area which shall be known as the Near Souths ide Residential Urban Revitalization Area; 26. ordinance establishing and regulating the location of entrance drives to private property along and adjacent to U.S. Highway No.6 from the westerly city limits to Rocky Shore Drive in Iowa City, Johnson County, Iowa; and 27. ordinance amending Title 9, entitled "Traffic," Chapter 9, entitled "Definitions, Administration and Enforcement of Traffic Provisions," Section 6, entitled "Application of Provisions" of the City Code by adding a new paragraph applying the provisions of the Traffic Title to Bicyclists. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ,~ \ , I ' I i" , , l:' I'i"'" : \',~','I..,,: ~ '~. " ", ,', \(~'" A' r:'rl,"', ( ,~\ ." C.. ,-. :.. __'___'~..n__' _ .~- rom ,,,.._ ~ , 0,) f" ~ t,r f1 I I i ~! I I '} 1.' ,) ~ fit ~'~ "I[J ~\<"; ,.. ....,.,. ,", "-' ~ " , ' ," ".1\1' . > ",' ': '~'i'. ,\".. " , , .~. ,'''' . " " ~ ., I .,\~. " . .~. ..... .' 1 '., .... , I'; , .' ~..L'~~~~~~~:~~: ~,~:::,';; :,,::'\', ~L..;':";; :c::.::. L:",~ .~.i~~.:,\',;,.,::,i~~.j.::i;..:.;i:L:~2.:...:\'::':'~'~~;i:i~:21J.:i~;';;,~:~~is,.;~,.;::i:;~;,::"",::.:';'::~1:.).;.',"..:i:';;~i~';;':~"i~;:~ ..~til:':..;~~:'~'i~';1';,,~:;, ~:: ~:.';; ',;:,. .'~.,.:.'" -.;:",:,:,i',;;,-,,~ \'.;.-....;_'i~;...._'.,..,"'., ~". ."","............ _ _.~-:'. Council Activities December 6/ 1994 Page 6 Moved by Pigott, seconded by Baker, to adjourn 1 :40 a.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Susan M. Horowitz, Mayor Marian K. Karr, City Clerk cc1206.min I r I i ~ I.'~ --', r ! I' ~ ~:,:;' ,r i, ,t ~- "~, .;; ,.t"'" W~-,: _ ~..~ )'....,:.,.:.,,!,..""'~' -;~~.> 'r:,'I'/Q'!~:;>.,,J;i:", ," _.',.,.~... ',.. "I ,):t;. , A,. , ",) I I I I :,' @, C',,,, ',10\, :;::~m.~~ ; i , .' . '~t. i .\., " . , ~ '. ~. .:.' . Council Activities December 6, 1994 Page 3 "~'A"",, , I .\ [ \ , 1 \i ~, ..,-, iii : I \ \: , " , Iff : , i I I II I ,11 II' !J !I/ j ; " i i I~:" ill' , , 'I' : ~ . It 'I /. ~:l.,,/, ' I " of' ;, ~~\\~.".:, ~'~~;'1 !';l'~\'J'~ ' <,:,':';""1... .-.......- oved by Kubby, seconded by Baker, that the amendment City Code Section 14.6E- 2, NeigH orhood Commercial Zone ICN.1}, to allow restaura s as provisional uses or by special ex eption with specific restrictions, and car washes by pecial exception with specific restrictions, e given second vote for consideration. Affirma . e roll call vote unanimous, 7/0, all Council M bers present. The Mayor declared the mo on carried. Moved y Pigott, seconded by Baker, that t rule requiring ordinances to be considered and ted on for final passage at two Co cil meetings prior to the meeting at which it is to be fi ally suspended, the second cons' eration and vote be waived, and that ORD. 94-3652, Bk. 7, p. 49, AMENDING TITLE -6, CHAPTER 6, ENTITLED "ZONING," CITY CODE BY REVI NG ARTICLE B, ENTITLED' ONING DEFINITIONS," AND ARTICLE E, ENTITLED "COMMERC L BUSINESS ZONES," 0 ADD THE DEFINITION OF RESTAURANT CARRY-OUT AND PER J SAID USE IN THE B-10 ZONE, be voted on for final passage at this time. Affirmative roll all vote unanimou , 7/0, all Council Members present. The Mayor declared the motion carried. oved by Pigot , seconded by Baker, that the ordinance be finally adopted at this time. Affirma ive roll call v te unanimous, 7/0, all Council Members present. The Mayor declared the ordin ce adop d. Moved by Novick, see on ed by rogmorton, to submit a letter to the Johnson County Board of Supervisors recommen g a proval, with conditions, of an application submitted by William Frees to rezone 107 acres r A 1, Rural, to RS3, Suburban Residential, for property located partially in Fringe Area 4 0 the south side of Dingleberry Road NE approximately. 6 mile east of its intersection wi ighway 1. The Mayor declared the motion carried unanimously, 7/0, all Council M be present. Moved by Novick, secon ed by bby, to submit a letter to the Johnson County Board of Supervisors recommendin approval f an application submitted by Vincent and Betty Dalton to rezone 1.5 acres f a 3.5 acr tract from County A 1, Rural, to RS, Suburban Residential, for property loc ted in Fringe A a 3 on the north side of Newport Road approxi- mately one-half mile east f its intersection ith Prairie du Chien Road. The Mayor declared the motion carried unani ously, 7/0, all Coun iI Members present. A public hearing as held on the propo d rate increase for water and wastewater fees. The following indo iduals appeared: Dick H feld, Greater Iowa City Apartment Assn.; Art Kistler, 745 Perry t.; Ed Barker, Lime Kiln La NE; Vince Neary, 157 N. Linn St.; Ken Wessels, 724 N. Do ge St.; Phil Thompson, 428 1/ E. Jefferson St.; Doug Jones, 816 Park Rd.; Harvey Wehd ; Charles Denninger; Michael T vel Clarke, 1708 E. Court St.; Jim Glasgow; Rusty rtin; Anna Buss, 525 W. Benton S ; Jim Freeman, 1802 Winston Dr.; Phyllis Tucker, 1 E. Zellar (N.L.); Carolyn Dieterle, Wal t St.; Gary Sanders, 728 Oakland; Joe Donatti, 15 4 Buresh Ave.; Wayne Peterson, 907 N. Gilbert St.; Dave Ressler, 3434 Lakeside Mano ; John Rummelhart, 232 S. Summit; Tom erderitsch, 3 Evergreen Place. Pollution Cont 01 Supt. Elias and Water Division Supt. Moreno resent for discussion. Moved by Novick, s onded by Throgmorton, to accept correspondenc from: Stephen West, ICAD Chair; Clayt n Ringgenberg; Herbert Michael; Wilma Means; Bett McKray; Lynn and Peggy Rowell; Le Cohen; Thomas Werderitsch; Ellen McCabe, Executive irector of Crisis Center; Weldon H tman; D. Vitosh; Jim Glasgow; Edwin Barker; Dick Hupfel , Debra Johnson; Laurie Clements Esther Otto; John Nesbitt; Phil Thompson; Harvey Wehde. T Mayor declared the motion arried unanimously, 7/0, all Council Members present. Moved 0 Kubby, seconded by Thr gmorton, to continu'e the public hearing. The Mayor declared th motion to defer defeat d, 3/4, with Throgmorton, Kubby, and Pigott voting in the affirmativ Moved by Pigott, seconded by Throgmorton, to defer to January I 1995, the ordi nce amending Title 3, City Finances Taxation and Fees, Chapter 4, Schedu of Fees, Rat s, Charges, Bonds, Fines and Penalties, Section 3-4-4 WastewaterTreatmentWor User Ch rges. The Mayor declared the motion to defer defeated, 3/4, with Throgmorton, I<u y, Pi ott voting in the affirmative. Moved by Baker, seconded by Lehman, to give firs ~ ~ ;~ . ~i ~ I I ([ ~~_..._. '~: ,--....... r- - =.--.- -,~ )> ~ [1 } ~~ " ".t ;~~ ......A... " ,.\' C'->"'\ \1 \" >~ 'i'(l' , , I" , ! I, I I I " , I" , i ; ! , : i i ,1:' I : I'" i ,I ' I i \.l~~j ~~... Wi' ~~,:::'~,"~,'~:',', ",;;:..::,P !,"n:. L~ C' '. 0 " "-""'--~ , , , .' , "~t> ,\'" ". .. ". . -. ~.~. . ........,.-...,.,.,,".,....... Council Activities December 6, 1994 Page 4 ~ cons eration to the ordinance amending Title 3, Wastewater Treatme Works User Charges. Move by Novick, seconded by Baker, to amend the ordinance by Iminating the 1996 rate increase. The Mayor declared the motion to amend carried un imously, 710, all Council Members resent. Moved by Throgmorton, seconded by Baker, 0 direct staff to report back to Council a proposed ordinance initiating a special tap-on ee for new wastewater users that recover the cost directly attributable to growth. After. aiscussion, motion withdrawn. Moved by Kub y, seconded by Pigott, to amend page 2, De nquency Deposit Fee by removing the word "twic "from the amount to be charged so it re tis" An amount equal to the average month's billing f the delinquent account". The Mayor. declared the motion to amend carried unanimously, 710, all Council Members present. B ck to the original motion to give first consideration to th ordinance as amended, the Ma or declared the motion carried, 5/2, with the following divisio of roll call vote: Ayes: Leh n, Novick, Pigott, Baker, Horowitz. Nays: Kubby, Throgmorton. bsent: None. After disc sion, Council agreed to set a special formal meeting for 6:30 p.m. n Tuesday, December 3 for second consideration of the ordinance. Moved by Baker, seconded by Novi , that the ordinance amending Title 3, City Finances Taxation and Fe s, Chapter 4, Sc dule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 3-4-3 P table use, be g' en first vote for consideration. Moved by Baker, seconded by Throgmorton, 0 amend th ordinance by eliminating the 1996 rate increase. The Mayor declared the mo 'on to am nd carried unanimously, 710, all Council Members present. Moved by Throgmo n, sec nded by Pigott, to amend the ordinance to adopt a smaller increase in the minimu mo hly charge as outlined in the City Manager's memo of December 4,1994. The Mayor e ared.the motion to amend carried unanimously, 710, all Council Members present. Move by Throgmorton, seconded by Pigott, to amend the ordinance to shift from a declinin r te structure to a uniform rate structure as outlined in the City Manager's memo of Dece ber 4, 1994. The Mayor declared the motion to amend defeated, 3/4, with Kubby, T rogmo ton, and Pigott voting in the affirmative. Moved by Kubby, seconded by Pigott, 0 amend age 3, Delinquent Water Service Account Fee, by removing the proposed $5. 0 and retain g the present $3.00 fee. The Mayor declared the motion to amend carried nanimously, 7 , all Council Members present. Council directed staff to report back to ouncil on an ordi ance devising a tap-on fee for new water and wastewater users, and e establishment of committee to review a special water efficiency program after staff pre aration. In response to ubby, the City Attorney stated the delinquent fee contained in the wastewater ordinance h em #8) would be changed to $3.00 also. Individual Council mbers expressed their vie . Moved by Kubby, seconded by Pigott, to change the propo d rate increase from 40% to 0%. The Mayor declared the motion to amend defeated, 3/4, Throgmorton, Pigott, Kubb voting in the affirmative. Back to the original motion give first consideration to the ordi ance as amended, the Mayor declared the motion car led, 5/2, with the following division 0 roll call vote: Ayes: Novick, Pigott, Baker, Horow' z, Lehman. Nays: Throgmorton, Kubby. bsent: None. Move by Novick, seconded by Lehman, to appoin lizabeth Swenson, 829 Kirkwood Ave., to the ousing Commission to fill an unexpired term ding May 1, 1996; and appoint John Falb, 442 Plum St., to the Committee on Community eeds to fill an unexpired term ending Ap ill, 1998. The Mayor declared the motion carried nanimously, 710, all Council Members present. T e Mayor noted the current vacancies: Airport Comm. - e vacancy for a six-year term en ing March 1, 2001; Broadband Telecomm. Comm. - One cancy for a three-year term e ding March 13, 1998. These appointments will be made at t meeti g of the City Council. Council took a brief recess, 1 :20 a.m. _...) -..~ - _.~ 0) ~- rr_ ~. 'I" ',,1 t ,J I ~ ~ !~ ~. I,~~":' " ~.. ~ ~ ! I I I ~ ~[l ,D;:rD:~ . ~ t , \ ::, "" . ~ , "" ':.' ., COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES DECEMBER 20,1994 r Iowa City City Council regular meeting, 7:30 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby, Lehman, Novick, Pigott, Throgmorton. Absent: None. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Gannon, Yucuis. Council minutes tape recorded on Tapes 94.143, Side 2; and 94.146, Side 1. The Mayor presented the Citizenship Awards to the following students of Longfellow Elementary School: T. Will Hobart; Annie Nolan; Chris Renk. Moved by Novick, seconded by Throgmorton, that the following items and recommen. dations in the Consent Calendar be received, or approved, and/or adopted as presented: Approval of Official Actions of the regular meeting of December 6, 1994, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: P&Z Comm. meeting of December 1, 1994; Bd. of Appeals meeting of September 12, 1994; Broadband Telecomm. Comm. meeting of November 28, 1994; Airport Comm. meeting of November 8, 1994; Design Review Comm. meeting of December 12, 1994. Permit Motions: Approving a Class "C" Liquor License for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Approving an Outdoor Service Area for Gabe's, Inc., dba Gabe's, 330 E. Washington St. Approving a Special Class "C" Liquor License for Pizza Hut of America, Inc., dba Pizza Hut #402041, 127 Iowa Ave. Approving a Special Class "C" Liquor License for Mustang Enterprises, Inc., dba Country Kitchen of Iowa City, 1402 Gilbert St. RES. 94.360, Bk. 112, p. 360, ISSUE DANCING PERMIT. Motions: Approve disbursements in the amount of $11,149,320.61 for the period of November 1 through November 3D, 1994, as recommended by the Finance Dir. subject to audit. Resolutions, Bk. 112: RES. 94-361, p. 361, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TWO (2) SANITARY SEWER EASEMENT AGREE- MENTS FOR 753 W. BENTON STREET. RES. 94.362, p. 362, ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVEMENTS FOR 753 W. BENTON STREET. RES. 94-363, p. 363, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CIVIL DEFENSE WARNING SIREN EASEMENT AGREEMENT FOR WILD PRAIRIE ESTATES, PART ONE. RES. 94-364, p. 364, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT 321 E, FIRST STREET, IOWA CITY, IOWA. RES. 94-365, p. 365, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF LIENS FOR PROPERTY LOCATED AT 847 RUNDELL STREET, IOWA CITY, IOWA. Correspondence: Joan Vanden Berg expressing appreciation for City Council's support during her tenure as Director of Neighborhood Centers. Barbara and Steve van der Woude encouraging Council's support for the change in zoning for the Bloomington Street area. Letters regarding the proposed water treatment plant from: Margaret and Chuck Felling; Edwin Barker; Jim Barker with petition; Chamber of Commerce. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. The Mayor noted the letter from Joan Vanden Berg and noted appreciation for her service as Director of Neighborhood Centers. John Nesbitt, 362 Koser Ave. (U.H.), thanked Mayor Horowitz and Council Member Pigott for their participation in the water upgrade forum, and presented a list of 13 issues and questions regarding the water upgrade proposal. Caroline Dieterle, Walnut St., expressed concerns on pH ~ :1 Ij ,,:ft~_n~m_~ - .....'=, -- - o~ ~. - r o I,.. I" ~ 0" ,TZ:';\~,l ~ , "\ \ \ .~ " ''(-I I" , '(' " 0~ 'f;;' i'~ ," '-I ',~, ~~ ;;'1'.1:;, L,_ (-'-;' . , , .> . ~t '.\ I" .. " :.,'. Council Activities December 20, 1994 Page 2 levels in the water. John Rummelhart, 232 S. Summit, appeared regarding the proposed water plant, and the parking impact fee for the Near Southside. Jim Glasgow appeared with questions on the proposed water plant. Moved by Novick, seconded by Lehman, to set a public hearing for January 3, 1995, on a resolution to annex an 80 acre tract of land, known as the Langenberg tract, located southeast of Sycamore Street and east of the Pleasant Valley Golf Course (Greenview), PCD Director Franklin present for discussion. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Novick, to set a public hearing for January 3, 1995, on an ordinance amending the Zoning Chapter by changing the use regulations of an 80 acre tract of land, known as the Langenberg tract, located southeast of Sycamore Street and east of the Pleasant Valley Golf Course from County RS, Suburban Residential, to RFBH, Factory Built Housing Residential (Greenview). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Novick, seconded by Throgmorton, to set a public hearing for January 3, 1995, on an ordinance amending the Zoning Chapter by changing the use regulations of 61.96 acres of land located south of Whispering Prairie Drive from RS-8, Medium Density Single-Family Residential, to RFBH, Factory Built Housing Residential. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Novick, to set a public hearing for January 3, 1995, on an ordinance amending Zoning Chapter Article N., Off-Street Parking Requirements, Section 14- 6N-1 B1 specifying construction materials for required hard-surface parking areas. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Pigott, to set a public hearing for January 3, 1995, on an ordinance amending Zoning Chapter Section 14-6E-6C1 to clarify the density requirement for dwelling units in the CB-2, Central Business zone. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance to vacate a portion of Waterfront Drive located south of Highway 6 and west of the CRANDIC Railroad right-of-way. John Rummelhart, 232 S. Summit, questioned traffic patterns in the area. PCD Director Franklin present for discussion. Moved by Pigott, seconded by Throgmorton, that the amendment to the Zoning Ordinance changing the use regulations of RM-12 zoned properties located generally along Fairchild and Davenport Streets between Dubuque Street and Dodge Street, and in the 200 block along Bloomington Street from RM-12, Low Density Multi-Family Residential to RNC-12, Neighborhood Conservation Residential, be given second vote for consideration. Moved by Kubby, seconded by Pigott, to accept correspondence from: Victoria Walton & Wally Plahutnik, The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried, Moved by Throgmorton, seconded by Kubby, to adopt ORD. 94-3660, Bk. 37, p. 57, ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," CITY CODE, BY REVISING ARTICLE E, ENTITLED "COMMERCIAL AND BUSINESS ZONES", SECTION 7, ENTITLED "CENTRAL BUSINESS SUPPORT ZONE (CB-5)," TO RESTRICT THE LOCATION OF PARKING, DRIVEWAYS AND GARAGE ENTRANCES, IN THE CB-5, CENTRAL BUSINESS SUPPORT ZONE. PCD Director Franklin present for discussion. The Mayor declared the motion carried, 6/1, with the following division of roll call vote: Ayes: Pigott, Throgmorton, Baker, Horowitz, Kubby, Novick. Nays: Lehman, Absent: None. Moved by Novick, seconded by Lehman, to adopt RES. 94-366, Bk, 112, p. 366, CERTIFYING TO THE TREASURER OF THE STATE THE ACTUAL POPULATION OF ~ ~~.~ --~ 0,) ~. r , I ;! li' , F; "! ii ,{ ~1 4 .< -J i:g !~ [j ~i ill U ;j , ::" ({) [1 ~ ,~ r I I I ~. ~ ,r., '.,: !O, .. ;:r.vlJ!! , , ",. ., ~.,t.. . . , .' . .. ~ . ..{', Council Activities December 20, 1994 Page 3 "..--~., .( .....-.. [" : \ , \ \: \' ...~~ ~;-. ;'?<'-~J ; l' \ I I) I I,., I l; I~J J' I I' I I, , 1'1 Ii I ~ II I. iil II i I ~', i, \i, i I" ; 'I I " I 'i ); \ [ /,: \;'".>" ANNEXED TERRITORY GENERALLY KNOWN AS THE SOUTH WASTEWATER TREATMENT PLANT, LOCATED SOUTH OFTHE SOUTHERN CORPORATE LIMITS. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. A public hearing on plans, specifications, form of contract and estimate of cost for construction of the Iowa River flood repairs project. Asst. City Engr. Gannon and John Huss, Shive-Hattery Engineers & Architects, present for discussion. Moved by Kubby, seconded by Novick, to adopt RES. 94-367, Bk. 112, p. 367, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS at 10:30 a.m. on January 10, 1995. Asst. City Engr. Gannon present for discussion. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Airport Comm. - One vacancy for a six-year term ending March 1,2001; Broadband Telecomm. Comm. - One vacancy for a three- year term ending March 13, 199B. These appointments will be made at the January 17, 1995, meeting of the City Council. In response to Dean Thornberry, Council stated individuals interested in serving on City Boards and Commissions should apply at the City Clerks office and express their interest to Council via letter or phone call. The Mayor noted the current vacancies: Committee on Community Needs - Two vacancies for three-year terms ending April 1 , 1998; Historic Preservation Comm. - Two vacancies for three- year terms ending March 29, 199B - one for a Summit Street representative and one for an at- large representative. These appointments will be made at the January 31, 1995, meeting of the City Council. Bd, of Review - One vacancy for a representative of the public for a six-year term ending December 31, 2000. This appointment will be made at the January 30,1995, meeting of the City Conference Bd. Council Member Lehman noted a letter to the editor in the Press Citizen citing hidden agendas for certain City officials regarding the water plant, and stated personal attacks are out of line. Council Member Kubby requested a clarification on the $.03 cent regulatory fee which appeared on her cable television bill. Asst. City Mgr. Helling explained that the Cable Act of '92 provided for re-regulation which is primarily done through the FCC and the regulatory process enables each cable company to charge $.37 cents per subscriber to cover costs (3 cents for 11 months, 4 cents the 12 month). Council Member Pigott requested the City Manager outline how the City is preparing to address issues raised during the public hearings on water and wastewater rate increases. The City Manager stated a list of issues will be prepared, a memo prepared reviewing each issue, copies sent to Council as well as the individuals, forums scheduled to allow further comment, and local news media involved in the distribution of abbreviated answers. In response to Throgmorton, the City Manager stated financing and scheduling options will also be investigated in the next two months. Kubby requested that staff pursue a public access live call-in show to allow people to question staff and Council on the issues. Pigott reiterated Lehman's comments regarding attacks on individual Council Members and staff, noting Council agreement to explore alternative plans. Pigollthanked Mayor Horowitz for accompanying him to the First Christian Church conversation on the water plant. Council Member Baker thanked the Press Citizen for the insert in the December 3 paper on water issues, stating copies were available from City staff and the City Library. ''I'( \~.,~' ~; 'i4' ',I'," ,'t~,' t":....f.\::. (l~tl;p . " ., I" ~ L_-,,-_ - ~. ;:~.\,~~. pi: 1 1 , ;, ~:l /1 I~ I~ :'1 I' " ~ 3 r,{ ~:'1 1.1 ra ~!~ I' [, ~ I I' ~ I I ~ ,(~ -- , ....... __L"fIIr'-'- , ._~: ,-- ]' I ~O 0 0 ,''1 ------- ,W1'T1'L .' " .,,\ \ ,,?l f.--"t"" . I .1 !" i I I I : ;f ! ' \ :..'" J i'~~ i:'~ I ,- :(.~~-~ .> , 'I ~ . " .\\ ! ' . \ '~ , .. ~ ....., . .' - ..:, '-. .~. ,.,:'" Council Activities December 20,1994 Page 4 Mayor Horowitz acknowledged the work of the City's Traffic Engineering staff on installing traffic lights at West High School, First Avenue at Mall Drive, and at Lower Muscatine at Mall Drive. She also acknowledged the efforts of the school crossing guards, especially Bob Cowell who dressed as Santa Claus that morning at the corner of Court and First Avenue. The Mayor also asked citizens to keep the snow off the sidewalks. The City Manager reminded citizens that the school crossing guards are City Police Department employees and not school district employees. Moved by Throgmorton, seconded by Pigott, to accept the following recommendations of Boards and Commissions: recommendation from the Board of Appeals that the Council approve the Ordinance amending the Iowa City Building and Plumbing Codes which would change the number of Employees or occupants which would require the installation of separate gender restroom facilities; and the recommendation of the Design Review Comm. that the City Council approve the application for exterior signage at 150 E. Court St. to replace the face of the existing exterior signs for Homeland Savings Bank (MidAmerica Savings Bank). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Kubby, seconded by Novick, to adopt RES. 94-368, Bk. 112, p. 368, APPROVING THE EXTERIOR SIGNAGE AT 150 E. COURT STREET. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Novick, seconded by Baker, that the ordinance amending the Iowa City Building and Plumbing Codes to increase the occupant load at which separate restroom facilities are required for each sex from four (4) to fifteen (15), be given first vote for consideration. Individual Council Members expressed their views. Moved by Kubby, seconded by Throgmorton, to defer the ordinance to January 3, 1995. The Mayor declared the motion defeated, 3/4, with Pigott, Kubby, Throgmorton voting in the affirmative, Affirmative roll call vote unanimous on first vote for passage, 7/0, all Council Members present. The Mayor declared the motion carried. Moved by Novick, seconded by Lehman, to adopt ORD. 94-3661, Bk. 37, p. 58, AMENDING TITLE 3,"CITY FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. The Mayor declared the motion carried, 5/2, with the following division of roll call vote: Ayes: Lehman, Novick, Pigott, Baker, Horowitz. Nays: Kubby, Throgmorton. Absent: None. Moved by Novick, seconded by Lehman, to adopt ORD. 94.3662, Bk. 37, p. 59, AMENDING TITLE 3,"CITY FINANCES, TAXATION AND FEES", CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. The Mayor declared the ordinance adopted, 5/2, with the following division of roll call vote: Ayes: Novick, Pigott, Baker, Horowitz, Lehman. Nays: Throgmorton, Kubby. Absent: None. Moved by Kubby, seconded by Baker, to adopt ORD. 94.3663, Bk. 37, p. 60, ESTABLISH. ING AND REGULATING THE LOCATION OF ENTRANCE DRIVES TO PRIVATE PROPERTY ALONG AND ADJACENT TO U.S. HIGHWAY NO.6 FROM THE WESTERLY CITY LIMITS TO ROCKY SHORE DRIVE IN IOWA CITY, JOHNSON COUNTY, IOWA. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the ordinance adopted. Moved by Throgmorton, seconded by Baker, to adopt RES. 94. 369, Bk. 112, p. 369, DECLARING THE CONDITION OF 1926 BROADWAY, A PUBLIC EMERGENCY. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. - ... ~~, I~--,=~_- 0=): ,. , '- ~~~G1;? f:;W ti.!,''Jl rj" , 10 ~ ~ "I [, r~ " ~~ , (';\ :1 '. I ,.' r') " '., 10, :;=.',\ ,<': J~~~" ' "." \,.,.:. ;f" ;':",,',' :' "\,,' " ," '~ '. , I ,/ '" .~~ ,,(i "'-'C'1 ': \~ ir I, ~ ! I I' Ii l, i l::' J ~~ till . ~J j " " --" ,leo ,';',\:, " '~ ,'!', :'::':~~~~'l:;~: ,.':.. . , /; ,,',.,:1... '\';'1': Council Activities December 20, 1994 Page 5 ..... .' '\ 1",:,1". " ~. Moved by Kubby, seconded by Pigott, to adjourn 8:55 p.m. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. ~A~~.J ~ -J:{J Marian K. Karr,' City Clerk 'I ! - ~~-. ,0- , _.~ I , ,. '~ > II, ,r ,.,.7-,.i., 0, . '.]."~:::" '~ ".'\" -:"r, , .,"1.,"'" ")>",, "~"". I'; .' ", ,,' '.'1,...,'... · .. , " ,)t.';,.. ,,0,' ~." ...-,,1 ,I .,...:.. .' ;.m~ .H"" r"i' """. ..~ '1\\, ','."\ ".. ,,' , , - . '..' .',t, '\ '~.. . , '. ..1 , ........,,_.........,.,.,...,. . " .' ... ........ "'",,....~~........_._H_...' ~~_..J ..~_~~,~_."...~...._....._.,.,.".,",..,.".,.......... ...,.......', .,~ . ',.C". '1"'';.'",:,,- City of Iowa City MEMORANDUM " ('" .k c~~ \: i::~ ( , ~ ~ I' , I : I I if;, : I ~,",h,,! \'~ ."I.,',',',",j ).' , \, j~i[' f' ,,,l. -- , ;c~ Date: December 29, 1994 To: Mayor and City Council From: City Clerk Re: Council Work Session, December 19,1994 - 6:55 p.m. in Council Chambers Mayor Susan Horowitz presiding. Council present: Horowitz, Baker, Kubby, Lehman, Novick, Pigott, Throgmorton. Staff present: Atkins, Helling, Woito, Karr, Franklin, Davidson, Milkman, Nasby. Tapes: 94-132, Side 2; 94-144, All; 94-145, All. REVIEW ZONING MATTERS: Reel 94-13?, Side 2 ITEM NO.5. PLANNING AND ZONING MATTERS. a. Settino a public hearino for Januarv 3. 1995. on a resolution to annex an 80 acre tract of land. known as the Lanoenbero tract. located southeast of Sycamore Street and east of the Pleasant Vallev Golf Course. (Greenview/ANN94-0007) Franklin noted that discussion is scheduled as a separate agenda item. In response to Kubby, Franklin stated the 80 acre tract of land is now called Greenview. b. Settinq a public hearino for Januarv 3. 1995. on an ordinance amendinq the Zoninq Chapter bv chanolno the use requlations of an 80 acre tract of land. known as the Lanqenberq tract. located southeast of Sycamore Street and east of the Pleasant Vallev Golf Course from CounlV RS. Suburban Residential, to RFBH, Factorv Built Housinq Residential. (Greenview/REZ94-0012) c. Settinq a public hearinq for Januarv 3. 1995, on an ordinance amendinq the Zonlnq Chapter bv chanoino the use requlations of 61.96 acres of land located south of Whisperinq Prairie Drive from RS-8, Medium Densitv Sinqle-Familv Residential, to RFBH, Factorv Built Housino Residential. (REZ94-0014) Kubby asked staff to review the 1-5 (or 5-1) Planning and Zoning Commission vote as stated in the comment. Franklin stated staff will present information prior to Council's January 3 meeting. -. - - " ~:)" ',0" ' "" , , ",' ,'1 'r h:' .:,)",:,: -..= " . . ~. " .."..-'.;\",.,'.,_.,-,..,......"...", ' rvJ1 t :t"-- ~O " I," m,' ,.'J ~L. , '", ~~' "...~.';:''';.l'a;, , .' . ". . "1 \~ 1.; , " , ". ~. . , :.' '. (/,!lrv~1 W(,rV. (.WV~!(,(j ~Af;l!(tJYN ((1 (((,1 , /. ii, &\l!WI a i/tI/)f!6Mul1f1qfU:J!ifluu(f J,J~5,&j al1.6fllnart(; ;$(Mfl!l11l.fJ2'r,nIM (:l'i;<IiW f.r11616. ~!:, Gff' St(6!)t h'1rl1n~ Be!jUl(6m6{M..k';QIGllj.1:teH~1 o/.Ml&Jria r.r.rwr!J(.llr.tJ. 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I . I , it ~j ~ll''': ", i" L_ \(. 0 ------.-- -~-- 'O,~ ')~:i' -j'. .llO ~ ..- ~ '.' I '~ /5 . sO, ...~~"~~ C'~---- . . '. .': . . ~:;.:: :,::':; ..~"~;:r~t:~~!:'~,.. " , l ,~~ \. I' , I I j . ,~' , ' , , , ',~ , \', , . , " o ~' :,:;'1' ;'~\\" ....;J. ';-i , , ,e ':~l ;" . ~, ,.'. ;,;j :':J' , ~ '1 ,.,'. :":~' ~ . ,1 i','J ["I,'i' ':" ;.';::\ . :..~., .. i'-I , l':n, , r"]' ;.,,( . ~/ , ,..1 ':.~~,:'.; .) \,',0; ,.f r.,',~ !.,;t" I:" ",'>.'~ I,~''\ :.,I(J r,';":,:.\ :,:,':,'1:: i: -:: "I,~ I" : .''::;';, ~:\ ; ,''':,\ '!,',,',: l,,~ ' a [' '. ID.J, - ;T';}~' .r '-'\ \: ~ i' \ , ' ~ I I I i i : I I : I, I ~;', ~",.yj ~": ~, f d:I). , l......... l. ,'tC__? T .. .> . '" . _'II\"l' ','\ , ~ " :',: Council Work Session December 19, 1994 2 d.' Settina a public hearina for January 3, 1995, on an ordinance amendino Zonino Chapter Article N.. Off-Street Parkino Requirements. Section 14-6N-1B1 specifyina construction materials for required hard-surface parkinq areas. In response to Council, Franklin stated she will contact Planning and Zoning Commission and HIS regarding the exemption of single family from the ordinance requiring hard surface parking areas. e. Settina a public hearinq for Januarv 3. 1995. on an ordinance amendino Zonino Chapter Section 14-6E.6C1to clarify the density requirement for dwellino units in the CB-2. Central Business zone. f. Public hearino on an ordinance to vacate a portion of Waterfront Drive located south of Hiohway 6 and west of the CRANDIC Railroad rioht-of-way. (VAC94.0007) PCD Assistant Director Jeff Davidson presented information. g. Amendment to the Zonino Ordinance chanoino the use reoulations of RM-12 zoned properties located aenerally alono Fairchild and Davenport Streets between Dubuque Street and Dodqe Street. and in the 200 block alono Bloominoton Street from RM.12. Low Density Multi-Family Residential to RNC-12. Neiohborhood Conservation Residential. (REZ94-0015) (Second consideration) h. Amendment to City Code Section 14-6E-7, to reoulate the location of parkin 0 spaces in the Central Business Support Zone ICB-5). (Pass and adopt) i. Resolution certifyino to the State Treasurer of Iowa the actual population of annexed territory qenerally known as the South Wastewater Treatment Plant. located south of the southern corporate limits. MANUFACTURED HOUSING PARK: Reel 94-132 PCD Director Franldin, Community Development Coordinator Milkman, Community Development Planner Nasby, and City Attorney Woito presented information about manufactured housing park plans. Manufactured housing park developer Bob Wolf responded to questions. Council requested information about the demographic profile of the kinds of people who would live in the manufactured housing park; the kinds of jobs available; transit service; rental units; smaller units; 50% median income information; RS-8 density; community center; longer lease period; and the list of costs directly attributable to the manufactured housing park. Franklin stated staff will provide additional information at Council's January 3 public hearing. In response to Kubby, City Attorney Woito stated she could work with Franklin to better inform the public about the City's RFP process. Staff direction: .- -... '~- .-: ):' ,0 J_MtlJ ....:.,';,., . I ~' '. ~ u ~ ! " .. :J-4cJ j 1;.'5 " ~ [1 ;{m~. / .r (-<-'\ \1, .',~ ;"~\ . I , 1 I I I ~'" I' I I \~'/) ~ . ..... , , , "\"~",'" .'. I ' , i:r"\ I' ';,1 . ~. \""., --' (- 0 ., f \ '~h\" , " ~ '. . .'~' \ -, ~' . '-- :: . revised 1/3/95 Council Work Session December 19, 1994 3 TOWNCREST RELOCATION UPDATE: Reel 94.144, Side 2 PCD Director Franklin and Community Development Planner Nasby presented information. Franklin stated staff will provide council with monthly updates. Staff direction: OUTDOOR CAFES: Reel 94-144, Side 2 City Attorney Woito, and City Clerk Karr responded to questions regarding sidewalk cafes and outdoor service areas. Council requested staff to prepare information about what is needed to make sidewalk cafes more 'I likely to occur in the CB.10, CB-5 and CB-2 zones; contact area business people who have shown interest in developing sidewalk cafes; and consider a lottery system to allow x amount of sidewalk cafes in the downtown sidewalk area, hours of operation, employee training, single lie serving containers, and no 2 for 1 'so Staff direction: Staff will meet to discuss regulations and get input from Design Review at their meeting on January 23rd, as well as local businesses. Information should be to Council at their last meeting in January. (Karr) COUNCIL MEETING SCHEDULE: Reel 94.145, Side 1 Council agreed to the following meeting schedule: January 2 - Council Work Session (6:30) January 3 - Formal Meeting (7:30) January 10 - Council Budget Discussion (6:00) January 16 - Council Work Session (6:30) January 17"":' Council Formal Meeting (7:30) January 23 - Council Budget Session (6:00) January 24 - Joint City/County Meeting (4:30) January 26 - Chamber Banquet January 30 - Council Work Session (6:30) January 31 - Council Formal Meeting (7:30) February 6 - Water ForumlTentative February 7 - Council Budget Discussion (6:00) February 13. Council Work Session (6:30) February 14- Council Formal Meeting (7:30) February 21 - Council Budget Discusslonffentatlve (6:00) February 27. Council Work Session (6:30) February 28. Council Formal Meeting (7:30) - -~.- ~- j':' 0 -- ' . -, . I -10 ~ I' n /) , ~ 0, _u'..._l' ". ;!~'~/::AI~;':' ----~----~~~-- , . .' -.:, , .( '~ ' - t ,I 'r,'~\'-, " '~' " . '~'T ';':"'j, '-;.-,:!, , , ' ~. ',,-',:::1', "".',, '.,' 'f', ,-,' .:':';;~";""~'>"'''~l,.:..L""._..i~~".' ,~.:.,~~.~~,.~:1;~:26~:,:->~w'~'~_'~;:::~(:""__N~"~_~;~"~,~:.._.~~~~~'.:;:.~L,~;;..:~.~:~~~.L~:....;~,~_~...__.._.~,.,~._.. ~...:...._,._~-~~~...~_:~~~-~;--~~.~.:~-, ~ ,>' -....; ~ r", ~,., (, \ \\ m I ' . i ~, I II , I .. " ~.I',-;;:" ~~i f! 'l~.' ',.,. ~"1 ([, ,,,' ,', :" V'" "',' ------- Council Work Session December 19, 1994 4 City Manager Atkins stated he will package together staft responses to current water and wastewater proposals by February 1, and prepare ways to distribute that information to the public. Council suggested that public information include forums; large and small group presentations, question and answer sessions, Press-Citizen insert, live TV shows, call-in PATV programs, published schedule of events related to water and wastewater plans, public library bind- er/information booklet, Press-Citizen advertisement, press releases, and distributing copies of the Press Citizen water insert at the public library. Novick requested that a committee be set up to meet with congressmen Harkin, Grassley and Leach. COUNCIL AGENDArrIME: Reel 94-145, Side 2 1. (Agenda lIem #3E) (3) - (Civil Defense Siren). Novick requested that information about once a month testing be incorporated in the easement agreement. 2. (Agenda lIem #6 & 7 - River erosion control project). In response to Kubby, City Manager ,Atkins stated he will inquire about the university's plan for erosion control. Kubby noted that the university has scheduled a January 4 meeting with their consultant to discuss their erosion control plans. 3. Horowitz noted the rules committee needs to convene an open meeting to consider recommendations regarding remaining terms for board and commissions. 4. (Agenda #17 - Broadway Apartment Public Emergency). City Clerk Karr stated a resolution declaring Broadway a public emergency has been added to Council's Formal Agenda. Meeting adjourned at 10:20 p.m. ciarklcc12.19.1nl - _ 2;.,:' -- q "'- : "'>l'?" ..'",., 0" ',""', ,::",'.!,'::',!. ";\;':,,1' ',: , "I}/;'.''-:, ","Lif" , ..,',,"':. i I 1 ,', ~ I--~d ,.:;,': )5,,'ld.